572.28  Demand for bringing suit.

1.  Upon the written demand of the owner, the owner's agent, or contractor, served on the lienholder requiring the lienholder to commence action to enforce the lien, such action shall be commenced within thirty days thereafter, or the lien and all benefits derived therefrom shall be forfeited.

2.  If an action is not filed within thirty days after demand to commence action is served, the party serving the demand or causing the demand to be served may file for record with the clerk of the district court a copy of the demand with proofs of service attached and endorsed and, in case of service by publication, a personal affidavit that personal service could not be made within this state. Upon completion of the requirements of this subsection, the record shall be constructive notice to all parties of the due forfeiture and cancellation of the lien. Upon the filing of the demand with the required attachments, the clerk of the district court shall mail a file-stamped copy of the demand to both parties.

Section History: Early form

  [C73, § 2143; C97, § 3099; C24, 27, 31, 35, 39, § 10297; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 572.28]

Section History: Recent form

  99 Acts, ch 79, §3

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